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COMMITTEE REPORT
March 29, 2000
H. 4634
S. Printed 3/29/00--H.
Read the first time February 16, 2000.
To whom was referred a Bill (H. 4634), to amend Section 16-11-550, Code of Laws of South Carolina, 1976, relating to the offense of communicating a threat to kill, injure, intimidate, or destroy property by means of an explosive, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 16-23-750 of the 1976 Code, as added by an unnumbered act signed by the Governor on March 7, 2000, which bears ratification number 242, is amended to read:
"Section 16-23-750. A person who communicates a threat or conveys false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one three year years nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five seven years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted. The minimum sentences provided in this section are mandatory minimum terms of imprisonment, no part of which may be suspended or probation granted. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive work credits, education credits, good conduct credits, or other credits that would reduce the mandatory minimum term of imprisonment required by this section." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 16-11-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF COMMUNICATING A THREAT TO KILL, INJURE, INTIMIDATE, OR DESTROY PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY DEVICE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-550 of the 1976 Code is amended to read:
"Section 16-11-550. Whoever A person who wilfully and unlawfully communicates a threat, conveys false information knowing the same information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of an explosive or incendiary; or a person who wilfully and unlawfully aids, agrees with, employs, or conspires with, any person to do or cause to be done any of the these acts hereinbefore mentioned, shall be is guilty of a felony and, upon conviction for a first offense, shall must be imprisoned for not less than one year three years nor more than ten years. Any person who, having been convicted of violating the provisions of this section, thereafter violates the provisions hereof, shall be punished upon conviction by imprisonment for not less than five years nor more than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of such person or give him a probationary sentence. For a conviction of a second or subsequent offense, the person must be imprisoned for not less than seven years nor more than fifteen years. The minimum sentences provided in this section are a mandatory minimum term of imprisonment, no part of which may be suspended or probation granted. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive work credits, education credits, good conduct credits, or other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to offenses committed on or after that date.
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